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Developmental steps in building a toolkit to challenge wilful neglect and ill-treatment under the Mental Capacity Act Jill Manthorpe and Kritika Samsi, Social Care Workforce Research Unit, King’s College London. Ill-treatment & wilful neglect under Mental Capacity Act 2005
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wilful neglect and ill-treatment
under the Mental Capacity Act
Jill Manthorpe and Kritika Samsi, Social Care Workforce Research Unit, King’s College London
Example: Care home nurse conviction for
neglect under Mental Capacity Act
makes legal history
Ms Ramona Dublas, aged 41, was found guilty of taking a photo of a 92-year-old semi-naked woman after being convicted of ill-treatment and wilful neglect under section 44 of the 2005 Act. Inner London Crown Court heard that Dublas worked as a nurse at the private X Nursing Centre. A member of staff at XX Council's Safeguarding Team, which helps vulnerable adults, became aware a photo was in circulation of one of the residents. She managed to obtain a copy and the picture showed the elderly dementia sufferer being held up by her wrists and naked from the waist up. In court Dublas claimed she wanted to take the photo to show the woman was "happy". The resident died three weeks later, although this was not related to the offence.
Dublas was sentenced to nine months' imprisonment, suspended for a year, 200 hours community service and banned from working with children and vulnerable adults in the future.
Adult safeguarding coordinators = 13 (+12 +15)
Social workers = 10 (+9)
Specialist dementia nurses = 15 (+15)
Age Concern = 10
Alzheimer’s Society staff = 9
Difficult to sometimes differentiate between those two, I am sure there will be clear legal definitions which separates them but they are very similar you know it’s – no there is a difference. Wilful neglect is where somebody doesn’t do something, and ill-treatment is where they do something that they shouldn’t, so giving people the wrong medication, erm, injuring somebody when they don’t follow handling procedures that type of thing.
[Safeguarding Adult Coordinator]
Care home workers & managers = 43
Carers’ groups & other voluntary associations = 15
This report/article presents independent research commissioned by the National Institute for Health Research (NIHR) under its Programme Grants for Applied Research scheme (RP-PG-0606-1005). The views expressed in this publication are those of the author(s) and not necessarily those of the NHS, the NIHR or the Department of Health.
For further information, please contact: Jill Manthorpe (firstname.lastname@example.org) or Kritika Samsi (email@example.com) .